Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA.

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for … ›

Weekly litigation report — June 10, 2017

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses … ›

The EPA tries to evade judicial review. Again.

Earlier this week, Pacific Legal Foundation filed its principal brief on behalf of the Marquette County (Michigan) Road Commission in the Sixth Circuit Court of Appeals in Cincinnati. In this … ›

PLF Michigan road project case gets attention from the WSJ

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where … ›

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of … ›

Water Transfer Rule upheld

Yesterday, the Second Circuit Court of Appeals rejected an environmentalist challenge to a 2008 EPA rule exempting water transfers from Clean Water Act permitting requirements.* In Catskill Mountains Chapter of Trout … ›

Brand Logo for the blog page

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA.

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for … ›

Weekly litigation report — June 10, 2017

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses … ›

The EPA tries to evade judicial review. Again.

Earlier this week, Pacific Legal Foundation filed its principal brief on behalf of the Marquette County (Michigan) Road Commission in the Sixth Circuit Court of Appeals in Cincinnati. In this … ›

PLF Michigan road project case gets attention from the WSJ

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where … ›

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of … ›

Water Transfer Rule upheld

Yesterday, the Second Circuit Court of Appeals rejected an environmentalist challenge to a 2008 EPA rule exempting water transfers from Clean Water Act permitting requirements.* In Catskill Mountains Chapter of Trout … ›

The Morning Docket

Stay up to date with the Morning Docket, a weekly highlight of PLF's best articles, videos, and podcasts.

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA.

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for … ›

Weekly litigation report — June 10, 2017

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses … ›

The EPA tries to evade judicial review. Again.

Earlier this week, Pacific Legal Foundation filed its principal brief on behalf of the Marquette County (Michigan) Road Commission in the Sixth Circuit Court of Appeals in Cincinnati. In this … ›

PLF Michigan road project case gets attention from the WSJ

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where … ›

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of … ›

Water Transfer Rule upheld

Yesterday, the Second Circuit Court of Appeals rejected an environmentalist challenge to a 2008 EPA rule exempting water transfers from Clean Water Act permitting requirements.* In Catskill Mountains Chapter of Trout … ›

Weekly litigation report — September 2, 2017

This week’s topics: Can the executive branch be the judicial branch? When is “just compensation” unjust? Meet the new boss, same as the old boss?

Does President Trump know that his Administration is blocking an important Michigan road project?

On behalf of its client the Marquette County Road Commission, PLF filed its Reply Brief in Marquette County Road Commission v. EPA.

Adverse decision in Alaska wetlands case

This morning, the Ninth Circuit upheld the Army Corps of Engineers’ Clean Water Act jurisdiction over the Fairbanks, Alaska, property of our client, Universal Welding. The case, Universal Welding & Fabrication Co. v. United States Army Corps of Engineers, addressed a rarely invoked exception to the agency’s Clean Water Act jurisdiction over wetlands. The Corps’ regulations provide that the agency can regulate all wetlands adjacent to other jurisdictional waters, except wetlands that are adjacent to other jurisdictional wetlands. In our case, Universal Welding’s property is bordered by a county road, on the other side of which is a large wetland that extends for about a mile-and-a-half to Drainage Channel C, a tributary of the Chena Slough and Chena River.

WOTUS rule withdrawal only a good start

Pacific Legal Foundation applauds the Trump administration’s announcement of its withdrawal of the infamous WOTUS rule. But it’s only a start. More must be done. The WOTUS rule called for … ›

Weekly litigation report — June 10, 2017

Letter sent to school board in Florida on First Amendment violation Brief filed over EPA’s road ban Butter ban ruling sought California union-inspired anti-free speech rule appealed Free enterprise loses … ›

The EPA tries to evade judicial review. Again.

Earlier this week, Pacific Legal Foundation filed its principal brief on behalf of the Marquette County (Michigan) Road Commission in the Sixth Circuit Court of Appeals in Cincinnati. In this … ›

PLF Michigan road project case gets attention from the WSJ

Saturday’s Wall Street Journal will include a Pacific Legal Foundation op-ed co-authored with Mike Pattwell, an environmental litigator at Clark Hill. The op-ed addresses PLF‘s Marquette County Road Commission v. EPA case, where … ›

Weekly litigation report — February 10, 2017

Fighting for a road in Michigan We filed our Notice of Appeal in the Sixth Circuit Court of Appeals  in Marquette County Road Commission v. Environmental Protection Agency in the upper peninsula of … ›

Water Transfer Rule upheld

Yesterday, the Second Circuit Court of Appeals rejected an environmentalist challenge to a 2008 EPA rule exempting water transfers from Clean Water Act permitting requirements.* In Catskill Mountains Chapter of Trout … ›